1. Petitioner is the plaintiff in O.S.No.36 of 1993 on the file of the Munsiff Court, Kayamkulam. The above suit is stated to be one for recovery of possession of certain trust properties, whereunder the plaintiff as the de facto trustee and also as a beneficiary claimed that relief alleging that the 1st defendant, the de-jure trustee, was acting against the interests of the trust, and, thus, incompetent to represent the suit. That suit was dismissed upholding the challenges raised by the contesting defendants impeaching its maintainability and also the competency of the plaintiff to sue for the reliefs canvassed for. As against the decree of dismissal, petitioner/plaintiff preferred and appeal, A.S.No.14 of 2002 on the file of the Additional District Court, Mavelikkara. The appeal was dismissed as stated in paragraph 9 of the original petition with the following order:-

“…The appellants counsel reported no instruction vide endorsement on the vakalath. The appellant is called and found absent. Appeal is hereby dismissed. No cost….”

After dismissal of the appeal as stated above, petitioner moved an application for its restoration under Order XLI Rule 19 of the Code of Civi